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08/17/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE O (k 2 EAGAN, CITY COUNCIL Eagan, Minnesota August 17, 1993 A regular meeting of the Eagan City Council was held on Tuesday, August 17, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. €ltG~~±Ff3A< City Administrator Hedges advised the Council that it was still uncertain whether Item J, Final Plat, Diffley Commons 2nd Addition, would be ready prior to consideration of the Consent Agenda. Also, Item A, Prevention Program, Dakota Alliance for Prevention, under Additional Items had been withdrawn. Wachter moved, Masin seconded, a motion to approve the agenda for the August 17, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Reflected in the minutes of the August 3, 1993, regular City Council meeting, under Minutes, was a change to the minutes of the July 20, 1993, regular City Council meeting. Councilmember Masin recommended that the change on Page 6, Paragraph 6, to the July 20, 1993, minutes be amended to read: "The entire Council agreed, stating that this is meant to be a rare exception and is being frowned upon." Councilmember Hunter recommended the following additions to the minutes of the August 3, 1993, regular City Council meeting: Page 7, Paragraph 8, ADD the following sentence: "Hunter stated that he would support the variance since it was so minor, despite the fact that no hardship had been shown.* Page 10, Paragraph 2, ADD the following sentence: "Councilmember Awada participated via telephone." Director of Public Works Colbert referred to an oversight under Consent Agenda, Item C, Contract 93- 06, Approve MnDOT Cost Participation Agreement (TH 149 & Northwest Parkway-Intersection Improvements and Signals: Change item to read, "#71102 and #71214.. " In addition, Councilmember Masin noted the following correction to Page 9, Paragraph 8, Sentence 1, CHANGE, "Legislative," to "AMM" Hunter moved, Wachter seconded, a motion to approve the minutes for the August 3, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 POLICE DEPARTMENT/HUNTING LICENSES, GENERAL Mayor Egan introduced this item as the general issue of issuing hunting licenses in the City. City Administrator Hedges indicated that this item had been discussed at the August 3 regular City Council meeting 00251 Page 2/EAGAN CITY COUNCIL MINUTES August 17, 1993 but continued for further research and consideration. Mr. Hedges added that Jon Parker of the Department of Natural Resources and Chief of Police Pat Geagan were present to answer any questions. Councilmember Wachter advised that while he wanted to cooperate with the DNR, he still did not agree with permitting bow hunting within the City. He also indicated he was opposed to a request to hunt pheasants because there are so few pheasants left in the City. Jon Parker, DNR, said it is hard for hunting to have an effect on reducing the deer population when it already has been so severely restricted in the City. Mr. Parker stated that every deer taken through a hunt is one less hit by cars on the highways. He further stated that hunting is safe and humane and can control populations in small areas. He then referred to new hunting regulations for this season's alternative deer hunt which will allow up to five deer (either male or female) per permit. Councilmember Masin asked whether bow hunting leads to animals being wounded and then left to die. Mr. Parker stated that up 10-20% of deer shot with a bow are not retrieved and half of that number die of their wounds. He further stated that beyond the literature distributed by animal rights groups, there is information regarding bow hunting and wildlife management available from the DNR which he would be happy to provide. Richard Laybourn, of the Deer Management Task Force, spoke in opposition to any hunting particularly in populated areas such as Eagan. Richard Maurer, a bow hunting applicant, said he hunts not just for sport but for the meat it provides. He said he could agree with restricting guns but said the danger from bow hunting is limited due to the smaller trajectory area. He also asked how the City Council intended to control the deer population if they did not intend to permit hunting. Councilmember Wachter said that because of the dense population and safety concerns, he would prefer to cooperate with the DNR for special hunts to reduce the numbers. Mayor Egan stated that information made available to the Council indicates that bow hunting is not an efficient way to reduce the deer population and leads to a painful death for the animals. He said the only justification remaining is sport and that is insufficient reason to continue to permit it. He also stated that the DNR should assume the major responsibility for reducing the deer population and the City would cooperate with those licenses. Councilmember Hunter indicated his disagreement with a ban on hunting stating that the majority of hunters hunt for food as well as for sport. Councilmember Masin suggested that the item be continued and the Deer Management Task Force recommendations be referred to the Park Commission for study. Councilmember Wachter stated that hunting in the City is not reducing the number of deer and safety concerns have become a major factor because of the City's increasing population. Wachter moved, Masin seconded, a motion to prohibit bow and arrow hunting in the City of Eagan and all other deer hunting except during those special hunting seasons authorized by the City Council, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Aye: 3 Nay: 2 (Awada, Hunter) POLICE DEPARTMENT/HUNTING LICENSE JON YANTA Mayor Egan introduced this item as a request for a hunting license from Jon Yanta, 2927 Ewing Avenue South, Minneapolis. Egan moved, Wachter seconded, a motion to deny a hunting license for Jon Yanta for the hunting of deer with bow and arrow. Aye: 3 Nay: 2 (Awada, Hunter) Hunter moved, Awada seconded, a motion to approve a hunting license for Jon Yanta for the hunting of ducks, geese and pheasants with shotgun on property owned by Joseph W. Kennealy in Section 18. Aye: 3 Nay: 2 (Wachter, Masin) Page 3/EAGAN CITY COUNCIL MINUTES 0 's 243 August 17, 1993 POLICE DEPARTMENT/HUNTING LICENSES RICHARD MAURER/REBECCA MAURER/MARVIN BOHNETTE Mayor Egan introduced this item as a request for hunting licenses from Richard Maurer, 3370 Lexington Avenue, Eagan; Rebecca Maurer, 3370 Lexington Avenue, Eagan; Marvin Bohnette, 180 - 62nd Way, NE, Fridley. Wachter moved, Egan seconded, a motion to deny hunting licenses for the purpose of hunting deer with bow and arrow for Richard Maurer, Rebecca Maurer and Marvin Bohnette. Aye: 3 Nay: 2 (Hunter, Awada) FINANCE DEPARTMENT/RENEWAL OF GENERAL LIABILITY INSURANCE Mayor Egan introduced this item as renewal of general liability insurance from July 1, 1993, to June 30, 1994. City Administrator Hedges provided a brief background and review of what has taken place. Director of Finance VanOverbeke and the City's insurance agent, Jeff Bowers, were present to answer nany questions. Mr. Bowers said that one of the reasons the cost appears lower than last year is that the commission has been taken out of the premium; however, if an "apples to apples" comparison were made, the premium is about the same. He also noted that the deductible applies to all lines of insurance this year. Finance Director VanOverbeke stated that staff has recommended Option B, utilizing the higher deductible and then putting any savings aside toward future premiums. Wachter moved, Masin seconded, a motion to approve as presented Option B for the 1993/1994 general liability insurance coverage. Aye: S Nay: 0 Discussion took place regarding two of the conditions of employment for the incoming Community Development Director, Peggy Reichert. Councilmember Wachter indicated he supported the selection but not the change in the policy that was just adopted by the City when they approved the new Basic Personnel Policy. Separate action was taken on Item 8 of Personnel Items, Community Development Director. Egan moved, Hunter seconded, a motion to approve beginning at the three week vacation accrual level and a step increase at the six month anniversary for Director of Community Development Reichert. Aye: 3 Nay: 2 (Masin, Wachter) Acting Director of Community Development Hohenstein indicated that the final plat for Diffley Commons 2nd Addition was ready for consideration with the Consent Agenda. A. Personnel Items Item 1. Clerical Technician III/Parks & Recreation Department--It was recommended that the hiring of Liz Korbein as a clerical technician III in the Parks & Recreation Department be approved. Item 2. Supervisor of Forestry--It was recommended that the person recommended by staff be hired as Supervisor of Forestry. Item 3. Administrative/HUD Intern--It was recommended that the hiring of Joyce Pruitt as an Administrative Intern be approved and compensation approved at a rate equal to the HUD grant for any hours not covered by the HUD grant. OO2i3 Page 4/EAGAN CITY COUNCIL MINUTES August 17, 1993 Item 4. Temporary Recycling Intern--It was recommended that the hiring of Mary Moga as a temporary recycling intern be approved. Item 5. Temporary Recreation Supervisor--It was recommended that the person recommended by staff be hired as the Temporary Recreation Supervisor. Item 6. Seasonal Park Maintenance Worker--It was recommended that the hiring of Patrick Pidlick and James Wvertz as seasonal park maintenance workers be approved. Item 7. Consultant/Group Health Insurance--It was recommended that Jeffrey Azen of James Bissonett & Associates be approved as a group health insurance consultant. Item 8. Community Development Director--Separate action was taken on whether a three-week vacation accrual level and step increase at the six month anniversary should be approved for Director of Community Development Reichert. That action is reflected at the beginning of the Consent Agenda. B. Licenses. Plumbers It was recommended that the following plumbers licenses be approved for the following: 1) B.K Plumbing and Heating, 2) Doody Mechanical, 3) Hutton & Rowe, Inc., 4) Peter Plumbing, 5) Sun Mechanical, and 6) Swanson Plumbing & Heating, Inc. C. License. Gambling, Minnesota Valley Humane Society at LaFonda de Jos Lobos. 3665 Sibley Memorial Highway It was recommended that a gambling permit for the Minnesota Valley Humane Society on the premises of LaFonda de los Lobos be approved. R-93.54 D. Agreement. Joint Powers for study of feasibility of consolidated public safely communications services It was recommended that a joint powers agreement for the study of feasibility of consolidated public safety communications within Dakota County be approved. E. Contract between the City of Eagan and John R. DuBois for public safety communication consulting It was recommended that the contract between the City of Eagan and John R. DuBois for public safety communications consulting be approved. F. Amendment. Table A. Outdoor Advertising (Billboard) Sign Ordinance It was recommended that an amendment to Table A relative to the outdoor advertising (billboard) sign ordinance be approved as presented (see Exhibit A). G. Final Plat. Whispering Woods Ninth Addition It was recommended that the final plat for Whispering Woods Ninth Addition be approved. R-93.55 00254 Page 5/EAGAN CITY COUNCIL MINUTES August 17, 1993 H. Final Plat. Hawthorne Woods 3rd Addition It was recommended that the final plat for Hawthorne Woods 3rd Addition be approved. R-93.56 1. Final Plat. Thorne Woodland Gardens It was recommended that the final plat for Thorpe Woodland Gardens be approved. R-93.57 J. Final Plat. Diffley Commons 2nd Addition It was recommended that the final plat for Diffley Commons 2nd Addition be approved. R-93.58 K Project 657_ Approve Plans and Specifications. Hawthorne Woods Drive - Sidewalk Construction It was recommended that the plans and specifications for Project 657, Hawthorne Woods Drive - Sidewalk Construction be approved and the advertisement for bids authorized for. a bid opening scheduled at 10:30 a.m. on September 3, 1993. L. Project 631. Receive Final Assessment Roll/Order Public Hearing (Lone Oak Road & Eagandale Boulevard - Street Improvements) It was recommended that the final assessment roll for Project 631 (Lone Oak Road & Eagandale Boulevard - Street Improvements) be received and a final assessment hearing scheduled to be held on September 21, 1993. M. Project 627. Receive Final Assessment Roll/Order Public Hearing (Oak Cliff 6th Addition - Streets utilities) It was recommended that the final assessment roll for Project 627 (Oak Cliff 6th Addition - Streets & Utilities) be received and a final assessment hearing scheduled to be held on September 21, 1993. N. Project 92-WW. Acknowledge Completion/Authorize City Maintenance (Town Centre 70 - 13th A i n) It was recommended that the completion of Project 92-WW (Town Centre 70 - 13th Addition) be acknowledged and perpetual City maintenance authorized subject to related warranty provisions in the development agreement. 0. Project 93-L. Acknowledge Completion/Authorize City Maintenance (West Publishing 6th Addition) It was recommended that the completion of Project 93-L (West Publishing 6th Addition) be acknowledged and perpetual City maintenance authorized subject to related warranty provisions in the development agreement. P. Amend Condition of Final Plat Approval. Signal Point Addition It was recommended that condition #5 of the Signal Point Addition final plat approval be amended as follows: "Storm water runoff from the existing dental office property (Lot 6, Block 1, of Knob Hill Professional Park) shall be conveyed by a rip-rap swale to a sodded check dam (earthen berm) to prevent future erosion." ri2a.35 Page 6/EAGAN CITY COUNCIL MINUTES August 17, 1993 Q. Contract 93-06. Receive Bids/Award Contract (T.H. 149 & Northwest Parkway - Intersection and Signal Improvements) It was recommended that the bids be received and Contract 93-06 (T.H. 149 and Northwest Parkway - intersection and signal improvements) be awarded, along with authorizing the Mayor and City Clerk to execute all related contract documents contingent upon counterexecution of the Joint Participation Agreements by MnDOT. Awada moved, Hunter seconded, a motion to approve the Consent Agenda as presented with the exception of Personnel Item 8, Community Development Director, which was subject to separate action. Aye: 5 Nay: 0 VACATION/KNOB HILL PROFESSIONAL PARK Mayor Egan introduced this item as vacate drainage and utility easements over Lots 1-5, 8-12, Block 1, Knob Hill Professional Park. Director of Public Works Colbert explained the project and its location. He stated that it would be appropriate to proceed with the public hearing, close it if there were no objections, and then continue consideration of the vacation to the City Council meeting when the final plat is approved. Hearing no objections, Awada moved, Wachter seconded, a motion to close the public hearing and continue consideration of vacating drainage and utility easements over Lots 1-5 and 8-12, Block 1, Knob Hill Professional Park, as described until a future Council meeting when it is considered concurrently with the final plat approval for the Signal Point Addition. Aye: 5 Nay: 0 VACATION/OUTLOT A, SAFARI AT EAGAN ADDITION Mayor Egan introduced this item as vacate public trail right-of-way, Outlot A, Safari at Eagan Addition. Director of Public Works Colbert advised that a petition had been received on July 20 and a public hearing scheduled. No objections have been received. He further stated that the vacation had been reviewed with the Parks & Recreation Department and it is no longer part of the Park System Plan. Councilmember Masin indicated a reluctance to turn back the property before the Advisory Parks, Recreation and Natural Resources Commission completed its review of the Park System Plan. Mr. Colbert said no concerns had been expressed by the Parks & Recreation Department when they reviewed the vacation. Mayor Egan asked whether there is usually enough time for the Commission to review these vacations. Director of Public Works Colbert replied yes; there is normally a month between receiving the petition and the public hearing. Wachter moved, Awada seconded, a motion to dose the public hearing and approve the vacation of a trailway easement/right-of-way as described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CVB APPOINTMENTS Mayor Egan introduced this item as the appointment of City Representatives for the Eagan Convention and Visitors' Bureau, Board of Directors. City Administrator Hedges provided a brief background regarding Page 7/EAGAN CITY COUNCIL MINUTES OCZ56 August 17, 1993 the formation of the Eagan Convention and Visitors' Bureau and added that it is hoped that the Bureau would bring more visitors to the City and its business community. Mr. Hedges advised that the Economic Development Commission had recommended that at least one member of the EDC be named to the Bureau. Councilmember Masin recommended Janet Thompson to the Bureau saying she believed Ms. Thompson's experience would be helpful to the Bureau. Discussion ensued regarding the Community Development Director's appointment to the CVB and whether that appointment should be as a full or liaison member. Because full appointment would mean three possible nominees to the Board, it was suggested that the Community Development Director and the Chair of the Economic Development Commission or his designee be appointed to serve until other committee/commission appointments are considered with the Organizational Business meeting in January. City Administrator Hedges recalled that he had served as a full member of the Economic Development Commission in the beginning stages of the Commission, but then assumed an advisory role. He suggested the Council may wish to consider the same process for the Community Development Director on the CVB. Awada moved, Hunter seconded, a motion to appoint the Chair of the Economic Development Commission or his designee, and the Director of Community Development to be the two City representatives to the Board of Directors for the Eagan Convention and Visitors Bureau with direction that their appointment will run until the second City Council meeting in January when the positions will be advertised with all other Committee/Commission appointments and the length of terms set at that meeting. Aye: 5 Nay: 0 RECEIVE BIDS/AWARD CONTRACT (HAWTHORNE WOODS 3RD ADDITION) Mayor Egan introduced this item as Contract 93-10, Receive Bids/Award Contract (Hawthorne Woods 3rd Addition - Utilities). Awada moved, Hunter seconded, a motion to receive the bids for Contract 93-10 (Hawthorne Woods 3rd Addition - Utilities) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ENDORSEMENT OF COMMUNITY VALUES Mayor Egan introduced this item as the endorsement of Community Values, Eagan Community Partnership Forum/Leadership Group. City Administrator Hedges advised that the Eagan Community Partnership Forum had created a leadership group for the purpose of studying the subject of community values. Tom Wilson, Principal of Eagan High School, and George Martin, Pastor of Ss. Martha & Mary Episcopal Church, were present to present the results of the study group and receive the endorsement of the Eagan City Council for a list of community values. Reverend Martin stated that when the Community Partnership Forum was formed, it was realized that all aspects of the community needed to be represented. The Forum is aware of problems in the community but also aware of some opportunities to improve the community and is now ready to move in a direction where the community will deal with some activities and programs. Tom Wilson then referred to 12 specific values identified by the Leadership Group and arranged by corresponding months. He said September was chosen to begin this program because the start of the school year signals a new beginning. The group intends to take these values to each of the schools, the churches, the Eagan Athletic Association, the scouting groups, and any other group for young people, asking that any activities focus on that month's value(s). Dr. Wilson closed by saying the Forum believes the program makes sense and asked for the City Council's endorsement of the following values: Ocl Page 8/EAGAN CITY COUNCIL MINUTES August 17, 1993 September Respect self, other people and property October Citizenship November Responsibility December Service January Cultural values and diversity February Neighborliness and friendliness March Manners April Positive attitude May Community June Teamwork July. Cooperative behavior August Leadership The Council expressed its appreciation for the Forum's work and recommended the adoption of the values. There was no public comment. Councilmember Wachter suggested printing the values in the upcoming City-wide newsletter. Wachter moved, Hunter seconded, a motion to approve an endorsement of the Eagan community values and program as presented by the Eagan Community Partnership Forum/Leadership Group. Aye: 5 Nay: 0 VARIANCE/SUNSET HOMES CORPORATION/ST FRANCIS WOOD 4TH ADDITION Mayor Egan introduced this item as a variance for Sunset Homes Corporation, of 20' to the side yard setback to the dwelling unit for Lots 5-7, Block 1, Lot 1, Block 2, and Lots 2-6, Block 3, St. Francis Wood 4th Addition, located in the SE 1/4 of Section 15. City Administrator Hedges stated that variances come directly to the City Council for consideration and referred to a call from a resident who objected because "it would place the buildings too close together." Acting Director of Community Development Hohenstein explained the application and its location. Paul Donnay, of Sunset Homes, stated that 66 units were originally approved for this property. He stated he was only proposing 49 units but in order to do that, he would either have to eliminate the lot lines or request a variance to the sideyard setbacks. Mayor Egan indicated the application would more appropriately be a replat rather than a variance and after discussion, suggested Mr. Donnay withdraw his application and apply for a replat. Mr. Donnay said he would like to work with staff and had only applied for the variance because he was under the impression that was the way to handle his request. Councilmember Hunter said he was surprised there wasn't a request for a variance to the density when R-III permits 7.2 units per acre and the proposal is for 7.7 units per acre. Councilmember Awada suggested the issue be addressed before the item is returned to the City Council. Hunter moved, Wachter seconded, a motion to continue indefinitely a variance of 20' to the 30' side yard setback for Sunset Homes Corporation for Lots 5-7, Block 1, Lot 1, Block 2, and Lots 2-6, Block 3, St. Francis Wood 4th addition. Aye: 5 Nay: 0 SPECIAL USE PERMIT/STEININGER CONSTRUCTION Mayor Egan introduced this item as a special use permit for Steininger Construction Co, renewal to allow continued concrete recycling, processing and stockpiling on PID #10-01"-012-26 located in the NW 1/4 of Section 13. City Administrator Hedges advised that the application is a renewal of their permit. It was noted that gravel being removed from the site is under a separate grading permit. 00251 Page 9/EAGAN CITY COUNCIL MINUTES August 17, 1993 Awada moved, Hunter seconded, a motion to approve a renewal of a special use permit for Steininger Construction Company, to allow continued concrete recycling, processing and stockpiling on PID #10-01300-012- 26 as presented and subject to the following conditions: 1. Dust control procedures shall be utilized. 2. Hours of operation shall be limited to 7:00 a.m. - 7:00 p.m., Monday through Saturday. 3. The operation shall be subject to an annual review. If renewal is denied, the applicant will be provided with a six-month notice for termination. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT/MAJESTIC OAKS ADDITION Mayor Egan introduced this item as a rezoning, Majestic Oaks Addition/James Curry, of approximately 19 AG (Agricultural) acres to R-1 (Single Family) and a preliminary plat consisting of 27 lots located along the north side of Cliff Road and the west side of Highway 3 in the SE 1/4 of Section 25. City Administrator Hedges said this application had been considered at the July 27 Advisory Planning Commission meeting and the APC had recommended approval of the rezoning but denial of the preliminary plat. Acting Director of Community Development Hohenstein explained the application and its location. Brad Swenson, representing the applicant, provided a brief background and explanation of the proposed development. Johannes Larson, 565 Greenleaf Drive North, referenced a petition submitted in opposition to this development. In addition, Mr. Larson expressed his concerns about adding more cars to the already difficult task of getting onto Cliff Road from Greenleaf Drive East. He then questioned the advisability of removing the top of a hill within this project and destroying so many trees. Mr. Larson asked how the Council could consider a project of this density. Acting Director of Community Development Hohenstein stated that the intention of the developer is to have the main roads follow the tops of the hills, and trees will be affected. He said each lot is proposed to be custom graded to preserve as many trees as possible and the developer will have to submit a tree preservation plan prior to final plat. In addition, he stated that R-1 zoning allows up to 3 units per acre and this project is 1.3 units per acre. Mark Chamberland, 4540 Greenleaf Drive East, voiced his objections to the density by stating that he has the smallest lot in the South Oaks Addition and yet three lots from the proposed development will back up to his property. He said it may be more appropriate to put the smaller lots on the east side of the property and the larger lots on the west where they adjoin the South Oaks Addition. Estavan Cortinas, 4591 Greenleaf Drive East, stated that he had looked at many neighborhoods before buying his home. He is concerned about the increased traffic and lights shining into his home because of its location in relationship to one of the new roads. He said it is not a question of developing the property but developing it responsibly. Mrs. Loren Peterson, 573 Greenleaf Drive South, joined her neighbors in objecting to the number of houses proposed and stated that the development should be more in conformance with the existing neighborhood. Keith Streff, 4581 Greenleaf Drive East, expressed his concerns about the traffic and the "back of their development facing the front of our development." He added that with the grading of the hill, trees would be 00253 Page 10/EAGAN CITY COUNCIL MINUTES August 17, 1993 lost and noise increased. He also said he knows the property will develop but would prefer something more compatible with the existing homes. Sally Richards, 4571 Greenleaf Drive East, objected to the small homes and lots. Kirsten Larson, 565 Greenleaf Drive North, asked about the City's quality of life. She said she would like to retain the value of the existing homes and building these homes is not fair. She stated she felt strongly that if someone owns a lot, they have the right to develop it, but not to this density. Wayne Sandberg, 575 Greenleaf Drive North, moved to his home 12 years ago and joins his neighbors in asking the developer to lower the density. There were no others in the audience who wished to address the development and the hearing was closed to further public comment. Councilmember Hunter said the primary focus seemed to be on traffic and asked Acting Director of Community Development Hohenstein whether traffic studies had been done. Mr. Hohenstein indicated that traffic will increase with the new development; however, not to the level that would prompt study. Mr. Colbert stated there is no alternate access to this site. However, he said the density for the parcel is less than anticipated because of the topography and will not significantly impact the County Road. Councilmember Awada asked why there were more houses on the west side of the development than the east. Acting Director of Community Development Hohenstein started by saying that all lots meet the minimum lot size requirement of 12,000 square feet. In addition, staff attempted to minimize grading by keeping the roads to the ridges; however, it also led to more homes being placed on the western edge of the development. If the topography and ponding had been different, he said it would have permitted a different layout. Councilmember Wachter then discussed the sanitary sewer utility and whether to install a lift station. Director of Public Works Colbert indicated that staffs recommendation would be for a lift station since the depth of a gravity system would lead to trench widths of at least 100' for sewer depths of up to 50' in some areas. In addition, if the deep sewer lines were installed, it would require parallel, shallow sanitary sewer lines to provide individual services. When asked by Mayor Egan, Acting Director of Community Development Hohenstein advised that the lot sizes in the proposed development ranged from 12,000 square feet to 52,000 square feet, for an average of 28,000 square feet. In addition, he stated that the neighbors' properties average 3/4ths of an acre (32,670 square feet) and while the proposed density is comparable, its range is wider. The Mayor then questioned why the developer had held no neighborhood meetings, provided no schematics or drawings, and had not even discussed the development with the adjoining neighborhood. In addition, he expressed his disappointment that the Advisory Planning Commission had made a motion to approve the project yet unanimously voted to deny. He said that without a subsequent motion denying the project, the APC left the City Council with nothing on which to base a denial. Because there appeared to be no area where the development did not meet City Code requirements, Mayor Egan said that legally there was little the City could do to deny the project. Councilmember Awada indicated a desire to do something about the density but Mr. Swenson said that the topo and the ponding areas had made the property so difficult to work with that the cost of development had left little room for negotiation. He promised to work with the neighbors regarding the homes on the west side of the development. When asked whether the neighbors would prefer a berm to landscaping along the western property lines, several members of the audience indicated that the lots were so small there would be no room for a berm and 00,2 60 Page 11/EAGAN CITY COUNCIL MINUTES August 17, 1993 all existing vegetation would likely be removed just to fit houses on the lots. Councilmember Wachter added a condition requiring the developer to prepare an acceptable landscape plan and present it to the neighbors before final plat. Mr. Swenson agreed. Wachter moved, Hunter seconded, a motion to approve a rezoning of approximately 19 AG (Agricultural) acres to R-1 (Single-Family) located along the north side of Cliff Road and the west side of Highway 3 in the SE 1/4 of Section 25. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve a preliminary plat consisting of 27 lots located along the north side of Cliff road and the west side of Highway 3, in the SE 1/4 of Section 25, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B4, C1, C2, D1, El, F1, G1, and H1 2. Both cul-de-sacs shall be subject to variances to allow a greater than 500' length. 3. Lots 17, 18, and 19, Block 1, are subject to all shoreland zoning requirements. 4. A minimum 3' berm along Highway 3 to buffer Lots 8, 9, 15, and 16 shall be constructed. 5. The existing manufactured house must be removed. 6. The existing well shall be capped and the septic system shall be abandoned according to Dakota County regulations. 7. Lot 3, Block 1, shall have a minimum setback of 40' to accommodate the unusual shape of the lot. 8. The development shall not discharge storm water runoff from impervious surfaces to Pond LP-47. 9. This development will be responsible for providing an outlet for the wetland in the southeast corner of the site and the outlet shall connect to the existing storm sewer in East Greenleaf Drive. 10. The development shall provide a 30-foot buffer strip along the edge of Pond LP-47 and along the north edge of the wetland located in the southeast corner of the site. 11. A water quality treatment pond shall be constructed in the northwest comer of the site and the pond shall have a minimum wet pond volume of 1.0 acre feet, a surface area of 033 acres at the NWL, and a minimum average depth of 3 feet. 12. The water main layout shall include a loop through this site from the 8" stub provided by St. Thomas Becket Church to the 8" stub in East Greenleaf Drive. 13. Restricted access shall be dedicated on the final plat along Cliff Road and T.H3. 14. The proposed street connection to East Greenleaf Drive shall include a concrete valley gutter. 00Z5-1 Page 12/EAGAN CITY COUNCIL MINUTES August 17, 1993 15. The private street to the north of the north cul-de-sac shall be constructed with B-612 concrete curb and gutter to a width of 20 feet face to face. 16. The sanitary sewer system as proposed is required to be revised to eliminate the sewer service risers of greater than 10 feet in depth. 17. Homeowner Association documents are required to be reviewed by the City Attorney prior to final plat approval and the private streets shall be transferred to the Association with the filing of the plat. 18. The developer shall work with staff to formulate an acceptable landscaping plan which will be reviewed by residents prior to final plat. 19. The development shall be responsibile for a cash parks dedication for 27 lots. 20. The development would be responsible for a cash trails dedication for 27 lots. 21. The City of Eagan Tree Preservation Guidelines are to be followed with the contractor identifying size and species of significant trees on the grading plan. 22. All stormwater runoff from the development draining toward Hay Lake should be treated by ponding on the site. The treatment pond should have a minimum wet pond volume of 1 acre foot and an average depth of at least 3 feet. 23. Those areas of the parcel draining off-site to the southwest shall be subject to a water quality cash dedication. 24. No draining or filling of wetlands on the site will be permitted. 25. No stormwater runoff from impervious surfaces will be discharged to Pond LP-47. A buffer of natural vegetation extending 30 feet back from the edge of the wetland shall be maintained duirng and after development. 26. The 30 foot setback from the edge of the wetland should be increased to 50 feet. 27. The northern cul-de-sac should be moved to the west to the maximum extent practical. 28. The proposed 3 foot berm on the east side of the property adjacent to Highway 3 should be eliminated if it causes adverse environmental impact by tree removal. Aye: 5 Nay: 0 PRELIMINARY PLAT/TOWN CENTRE 70-16TH ADDITION/APPLEBEES Mayor Egan introduced this item as a preliminary plat for Town Centre 70 - 16th Addition/Apple American Ltd. Partnership, consisting of two lots on approximately 3.5 previously-zoned CSC (Community Shopping Center) acres located along the west side of Town Centre Drive, north of Duckwood Drive in the NW 1/4 of Section 15. Acting Director of Community Development Hohenstein explained that the plat expands the lot currently occupied by Applebee's Restaurant to permit expansion of the parking lot on that site and create a second lot between Applebee's and the McDonald's restaurant for future development. The applicant was present to answer any questions. Page 13/EAGAN CITY COUNCIL MINUTES August 17, 1993 Mayor Egan asked whether staff had any concerns and Mr. Hohenstein indicated that any concerns staff had were addressed in the conditions. Hunter moved, Egan seconded, a motion to approve a preliminary plat for Town Centre 70 16th Addition - Apple American Limited Partnership, consisting of two lots on approximately 3.5 previously zoned CSC (Community Shopping Center) acres located along the west side of Town Centre Drive north of Duckwood Drive as presented, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with. Al, B1, C1, C2, C4, El, F1, G1, and H1 2. Irrigation shall be provided in the landscaped areas. 3. A 3-foot continuous berm shall be constructed along the property line abutting I-35E. 4. The future development on Lot 2 shall submit detailed grading/drainage/erosion control, utility and site plans to the City for review with the building permit issuance. 5. Any development on Lot 2 shall first be reviewed by the Advisory Planning Commission and the City Council. 6. The plat shall be responsible for a cash parks dedication for 131,011 square feet. 7. The plat shall be responsibile for a cash trails dedication for 3 acres. 8. The development shall be subject to a cash water quality dedication of $2,715 for Lot 1, Block 1, and $10,680 for Lot 2, Block 1. 9. The collection of the cash dedication for Lot 2, Block 1, is to be made a condition of site plan approval by the City. Aye: 5 Nay: 0 PRELIMINARY PLAT/CONDITIONAL USE PERMITS/VARIANCE TOWN CENTRE 100-12TH ADDITION/MANN THEATERS Mayor Egan introduced this item as a preliminary plat for Town Centre 100 - 12th Addition/Mann Theaters Inc., consisting of approximately 6.7 previously-zoned CSC (Community Shopping Center) acres within the Eagan Heights Commercial Park Planned Development, conditional use permit for a pylon sign and a variance for parking requirements located along the south side of Yankee Doodle Road, east of Yankee Place in the NE 1/4 of Section 15. City Administrator Hedges said this item had been before the Advisory Planning Commission at the July 27 meeting and they had recommended denial. No action had been taken on the conditional use permit because of the vote to deny the preliminary plat. Acting Director of Community Development Hohenstein explained the application and its location. He noted that the preliminary plat before the City Council did not originally include the northern 180' of Outlot G; however, the City had required that it be platted and it is being platted as Outlot A of the Town Centre 100 - 12th Addition. A conceptual drawing was submitted showing the placement of two, Class I restaurants on the Page 14/EAGAN CITY COUNCIL MINUTES O CI Z a. August 17, 1993 site but there are concerns that the plan does not take into account the additional 15' of dedicated right-of-way that Dakota County will require. Mr. Hohenstein then referred to an extensive list of unresolved issues. Jim Greupner, representing Mann Theaters, provided a history of the Mann Theaters, a family-owned business, which has theaters located primarily in Minneapolis and St. Paul. He described the theater proposed for this site and noted that its peak use period will be weekends and holidays. The revised site plan which he submitted is a compromise plan and he referred to the drive aisle added to divide the theater property from the restaurant property. Mr. Greupner noted that the Mann's do not own the northerly (restaurant) portion of the property. He then addressed the wetlands area of the property and the impact it had on where the building could be placed on the site. Mr. Greupner said that the theater uses most of its parking only 5% of the time and noted its compatibility with surrounding businesses since they are closed when the theater is busiest. He advised that the parking provided in the site plan equals or exceeds the parking at any theater in the Twin Cities and not one (theater parking lot) could be found with 10' stalls. Bob Vanney, Varney Associates Architects, spoke to the basic building layout and its art deco design. He said the walls are proposed to be precast, decorative panels which they had previously used very successfully at Concordia College. Mr. Vanney stated they will continue to work with staff in preparing the landscaping plan. Councilmember Masin asked whether any of the auditoriums in the theater had stages that could be used for other purposes. Steve Mann indicated that none had stages but auditoriums in their other theaters had been leased on occasion for presentations, etc., and he anticipated the same opportunity with this theater as well. The discussion then turned to the unresolved issues. Mayor Egan asked staff to research Mr. Gruepner's contention that no other City requires such a high ratio of parking spaces to theater seating. He also asked the City Attorney whether there was a way to modify the planned development agreement whereby certain conditions could be locked in for the development of the remaining outlot. City Attorney Sheldon said the City always has the ability to amend and negotiate the agreement. Director of Public Works Colbert then expressed staffs concerns about providing access to the theater and the restaurant property. He said that with the anticipated volume of traffic, staff had recommended that access be located opposite Town Centre Drive. In order to accommodate that access, it is also recommended that the theater be shifted to the south, moving some of the parking to the north. He said that the junction of Yankee Place and Yankee Doodle Road is expected to become a major intersection in the future and it may have to be widened for channeling and signalization. Councilmember Wachter suggested shifting the theater to the north; however, Mr. Gruepner pointed out that they had little to say about the northern portion of the property because they do not own it. Awada agreed that the theater should be moved but she also suggested it be shifted to the south in order to line up the access with Town Centre Drive. Jim Benshoof, traffic engineer, stated that his company had analyzed the traffic in the area and had conducted traffic counts at all times of the day and days of the week. As a result of their projections, he said some difficulties are anticipated with heavy traffic use; however, staffs solution of lining up the intersection will not alleviate those difficulties and would lead to problems in the future. Mr. Benshoof then illustrated an alternative approach which would leave the northern-most access open to the restaurant but closed to the theater property. The theater would then use only the two remaining access points with the northern-most of the two, widened to accommodate additional traffic lanes. Mr. Benshoof stated that the volume of useage would not cause undue conflicts for traffic on Yankee Place and added that a future median on Yankee Place at Yankee Doodle Road did not appear to be warranted. Director of Public Works Colbert expressed his concerns that making the northern access exclusive to the restaurant would remove the possibility of cross parking. In addition, it would not be practical as patrons would drive in and then out of the restaurant parking area if it were found to be full. Mr. Colbert questioned the reluctance to line up the intersection and shift the theater to the south when it would provide more 0 -C 6 Page 15/EAGAN CITY COUNCIL MINUTES August 17, 1993 opportunities for cross parking and, possibly, a controlled intersection. When asked whether shifting the theater would impact the wetland, Director of Public Works Colbert indicated it could be done. Councilmember Hunter stated he was willing to listen to arguments that no other theater requires such a high ratio of parking spaces and that 9' stalls are adequate. In addition, he accepted assurances that impacts to the wetland could be mitigated. However, the Councilmember was concerned that, as proposed, the traffic problems with the theater would be even worse than those associated with Burger King. Bob Vanney said the theater location was established based on their knowledge of the theater business. He stated that the layout as proposed would work best for the site because most patrons drop their passengers off and then find a parking place. In addition, even though most of the parking is located south of the theater, patrons have less objection to walking a greater distance after the movie because they have been sitting for the better part of two hours. Director of Public Works Colbert asked whether the developer would be willing to submit a plan showing the building further south so that the developer's concerns could be addressed. Jim Gruepner said they are trying to make the site work and their traffic engineer has said it will work. He stated that since parking is a great concern, a considerable number of spaces are lost when the building is shifted to the south. As to cross-parking, he reminded the Council that the applicant represents the theater property and has no control over the rest of the site. Councilmember Masin questioned whether they were trying to squeeze the theater onto a property where it may not belong. Mr. Gruepner said the site is similar to the one owned by Mann Theaters in Maple Grove and it, too, is off a major intersection. Councilmember Awada advised that one of the City Council's responsibilities was to minimize problems with traffic and if adjustments could not be made, then perhaps this site would not work. She stated that as proposed, she would vote to deny. Mayor Egan asked why the site behind Wal-Mart, originally proposed for a theater, would not work. Mr. Gruepner stated that the location is just too far back and out of the way; they would have no interest in developing that site. He reiterated that they know what they are doing and the proposed site will work. Councilmember Masin asked why the theater had to be so visible when it would seem most people plan when they go to the theater. Mr. Gruepner said he did not know why but visibility was important and had an impact. Martin Colon then referred to other locations with similar access and stated that they seemed to be working as well as any commercial area. If access were closed between the restaurants and the theater, he stated he would not be able to market the restaurant property. Mr. Colon referred to paying taxes on the property for the past 10 years and said he was not asking for more than what had been approved before and is reasonable. He said he was entitled to develop the site. Pat Bolan, owner of Apple's Restaurant, voiced her enthusiasm for the theater project and said it would be good for the City. Joanne Sprano spoke at length in support of the project; she contended that the City Council's concerns did not warrant the loss of the theater. After additional discussion, Mr. Gruepner agreed to share the applicant's drawings of the site so that the feasibility of shifting the theater to the south could be further explored. Wachter moved, Masin seconded, a motion to continue a preliminary plat for Town Centre 100 - 12th Addition/Mann Theaters, Inc., to the September 7, 1993, regular City Council meeting so that Mann Theaters and their representatives can share their drawings with City staff to explore the feasibility of moving the theater further south on the site. Aye: 5 Nay: 0 OC2 5 Page 16/EAGAN CITY COUNCIL MINUTES August 17, 1993 a t N? l i l MiS. PREVENTION PROGRAM/DAKOTA ALLIANCE FOR PREVENTION Mayor Egan introduced this item as Prevention Program, Dakota Alliance for Prevention. City Administrator Hedges advised that this item had been withdrawn from Council consideration. He explained that the Dakota Alliance for Prevention only became aware of the work of the Community Partnership Forum through their being on the same agenda. Since they appear to have similar missions and believe in involving the total community, the Alliance will explore the possibility of establishing an Eagan Youth Coalition with the Forum. CITY ADMINISTRATOR CONTRACT 93-11/HARD COURT/TENNIS COURT RESURFACING Mayor Egan introduced this item as approval of bids for Contract 93-11, Hard Court/Tennis Court Resurfacing. Awada moved, Wachter seconded, a motion to award Contract 93-11, Hard Court/Tennis Court Resurfacing, to Tennis West in the amount of $39,327. Aye: 5 Nay: 0 ARCHITECTURAL SERVICE/EXPANSION PROJECT Mayor Egan introduced this item as architectural services for the Public Safety/Municipal Center expansion project. City Administrator Hedges advised that Thorbeck Architects is the recommendation of the review team. Wachter moved, Awada seconded, a motion to select Thorbeck Architects as the architect to provide services to the City for the public safety/municipal center expansion project. Aye: 5 Nay: 0 PUBLIC WORKS DIRECTOR GRADING PERMIT/LOST SPUR COUNTRY CLUB Mayor Egan introduced this item as a grading permit for Lost Spur Country Club. Director of Public Works Colbert stated that the City Council had previously agreed that the Tree Preservation Guidelines would apply to grading permits and, more specifically, to the Lost Spur Country Club's grading permit; however, the question has now arisen concerning to what extent the Guidelines should apply when no development is planned. He said it did not appear that Lost Spur had. a development plan other than disposal of excess fill but the applicant was willing to cut back the extent of the fill area in order to preserve trees. Mr. Colbert then suggested a financial security (later recommended to be $20,000) to insure that the applicant submits and implements the landscaping plan and reestablishes the buffer. In answer to a question, a representative of Lost Spur Country Club, stated that Lost Spur would be using the fill area to extend the course into a regulation 9-hole golf course and that landscaping would be done immediately after the fill is in. Councilmember Hunter stated that he is not in favor of mass fill or the removal of large numbers of trees and recommended that the Tree Preservation Guidelines apply to their fullest extent. In answer to a question from Councilmember Masin, Director of Public Works Colbert indicated it did not appear possible to 2O` Page 17/EAGAN CITY COUNCIL MINUTES August 17, 1993 extend the golf course and retain significant vegetation on the subject ridge. Councilmember Awada questioned whether the City could deny Lost Spur the ability to add to their golf course in order for the City to save trees. Mayor Egan then referred to a memorandum from Superintendent of Parks, John VonDeLinde, in which he suggested that the grading permit be denied or deferred "until a complete Tree Preservation Plan is submitted and staff has an opportunity to confer with the owner to assess the best available layout to preserve significant trees and woodlands." Councilmember Wachter agreed with that approach. After further discussion, Mayor Egan suggested taking action to grant the permit subject to the receipt of a financial security and the submission of a Tree Preservation Plan. Questions still remained, however, regarding the extent to which the Guidelines should be applied to replacement and reforestation. Mayor Egan recommended that reforestation and replacement be at the highest percentages permitted in the Tree Preservations Guidelines; there was no disagreement. Councilmember Masin added that she did not want the applicant to use any more fill than absolutely necessary to accomplish their purposes. Awada moved, Egan seconded, a motion to approve Grading Permit Application #EX-04133, subject to the receipt of a $20,000 financial security guaranteeing the submission and institution of a Tree Replacement Plan and landscaping plan. Aye: 3 Nay: 2 (Wachter, Hunter) PROJECT 622/CEDAR INDUSTRIAL PARK OVERLAY & STREETLIGHTS Mayor Egan introduced this item as Project 622, Settlement Agreement for Assessment Appeals (Cedar Industrial Park - Overlay & Streetlights). Awada moved, Hunter seconded, a motion to approve the Stipulation of Settlement Agreement for Lot 1, Block 2, Cedar Industrial Park (JPK Park Company) and approve the resolution authorizing the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 1 (Wachter) Councilmember Wachter did not agree with the settlement. R-93.59 ORDER PUBLIC HEARING TO VACATE PUBLIC RIGHT-OF-WAY CAROL STREET Mayor Egan introduced this item as receive petition/order public hearing for the vacation of public right-of-way, Carol Street. Hunter moved, Awada seconded, a motion to receive the petition to vacate public right-of-way (Carol Street) and schedule a public hearing to be held on September 21, 1993. Aye: 5 Nay: 0 t:::i::i:J:ihi::kiv,... :•.KtWY.i:ii:+.i4:?}n•:}:Li:J?:{i{iii{i{:i: MANN THEATER ISSUE An unidentified resident came forward to say he had been watching the City Council meeting at home on television and the Mann Theater item had made him very upset. He decided to come down in person to say the Council should hold firm on the access issue because he did not want another mess like the one that exists at the intersection of Denmark and Town Centre Drive. Page 18/EAGAN CITY COUNCIL MINUTES August 17, 1993 ..i :N:•:J:i.;.\.SY:{.Yn{:i:::SY;{;:: Y~vY:4Yf4Y% STORAGE REQUESTS Discussion took place regarding requests by the Lions Club and the Eagan Athletic Association to make space available on City property for equipment and materials storage. It was acknowledged there is very little space available; however, Councilmember Awada said she was willing to consider a land donation for perhaps a joint EAA/Lions Club building project. The issue will be further explored. MANN THEATERS SITE PLAN The City Council authorized the Director of Public Works to utilize staff and consultant time to further explore the feasibility of shifting the proposed Mann Theater further south on the subject property and lining up the northern-most access with Town Centre Drive. Councilmembers Awada and Wachter indicated they would not support the project as it is presently proposed. DIVINE REDEEMER BOARD John Ryan of Divine Redeemer Hospital has indicated that Eagan is being considered as a possible relocation site for a hospital and has asked whether the City Council is interested in recommending a member to the Divine Redeemer Board. Councilmember Hunter indicated his willingness to be appointed to that Board. Wachter moved, Egan seconded, a motion to approve the checklist dated August 12, 1993, in the amount of $2,742,314.09. Aye: 5 Nay: 0 The regular meeting of the Eagan City Council adjourned at approximately 12:25 a.m. on August 18. KF CITY OF EAGAN E. J Overbeke City Clerk If you need these minutes in an alternative form such. as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681.4600 (TDD phone: (612) 454-8535). USG 2E3 TABLE "A" Number of Signs Location square Feet Surfaces 1. Highway 3 - 1.4 miles South of County Road 32 500 Square Feet 2 2. Highway 55 - Junction Highway 149 500 Square Feet 2 3. Highway 55 - East of Lexington 110 Square Feet 2 4. Highway 13 - Between Cedar and Rahn 500 Square Feet 2 5. Highway 13 - At Silver Bell 1,344 Square Feet 2 6. Highway 13 - Between Cedar 250 Square Feet 1 and County Road 30 7. MN 77 - North of Highway 13 (On Railroad) 756'Square Feet 2 8. MN 77 - Between County Roads 30 and 32 756 Square Feet 2 9. MN 77 - North of Highway 13 756 Square Feet 2 10. I-35E - North of Lone Oak 756 Square Feet 2 11. I-35E - South of Diffley 500 Square Feet 2 Road 12. Highway 149 - South of Yankee Doodle Road 165 Square Feet 3 13. I 494 - West of Pilot Knob Road 756 Square Feet 2 14. I 494 - Junction of I-35E 756 Square Feet 2 14 8,405 Square Feet 28 = TOTALS ®C23 TABLE "A" Number of Signs Location Square Feet Surfaces 1. Highway 3 - 1.4 miles South of County Road 32 500 Square Feet 2 2. Highway 55 - Junction Highway 149 500 Square Feet 2 3. Highway 55 - East of Lexington 110 Square Feet 2 4. Highway 13 - Between Cedar and Rahn 500 Square Feet 2 5. Highway 13 - At Silver Bell 1,344 Square Feet 2 6. Highway 13 - Between Cedar 250 Square Feet 1 and County Road 30 7. MN 77 - North of Highway 13 (On Railroad) 756'Square Feet 2 i8. MN 77 - Between County Roads 30 and 32 756 Square Feet 2 9. MN 77 - North of Highway 13 756 Square Feet 2 10. I-35E - North of Lone Oak 756 Square Feet 2 11. I-35E - South of Diffley 500 Square Feet 2 Road 12. Highway 149 - South of Yankee Doodle Road 165 Square Feet 3 13. I 494 - West of Pilot Knob Road 756 Square Feet 2 14. I 494 - Junction of I-35E 756 Square Feet 2 14 8,405 Square Feet 28 = TOTALS